Banned driver is jailed

Nov 10 2011 by Alistair Watson, West Lothian Courier

A MAN who was caught driving his mum to work while serving a 12-year driving ban has been jailed.

Police stopped the car David Allison was driving on Whitburn Road, Bathgate at around 9.15am on October 10 this year.

A check revealed 29-year-old Allison was seven years into a 12-year disqualification handed to him in 2004.

Last week at Livingston Sheriff Court Allison, whose address was given as Gareloch Way, Whitburn, pled guilty to driving while disqualified and with no insurance.

His solicitor, Peter Mullin, said the court had reasons to jail Allison and reasons not to jail him.

“The most obvious reason about why he should be jailed is his schedule,” Mr Mullin said.

“He accepts that and knows he engaged in an act of stupidity.

“The last time he got involved in a road traffic matter he was disqualified for 12 years. However, that conviction is not seven-years-old.

“What could be described as a course of conduct started in 2001 with two offences and then there was a further two offences in 2002 and another one in 2004. He has now kept out of the courts for seven years.

“His mother’s lift to work had fallen through and he took a chance to drive her as otherwise she would have missed her work.

“She was in the passenger seat when the police stopped him.

“If he was driving regularly it is unlikely that he would cart his mother about with him.

“He is at a medium risk of reoffending and a low risk of causing future harm to others. He is a suitable and willing candidate for a period of unpaid work.

“He has recently attempted to apply for the return of his driving licence early. This moment of stupidity means the likelihood of the return of his driving licence is now remote for many years to come.

“However, on this occasion, given there are competent and compelling reasons why a custodial sentence is not appropriate in this particular case I would ask the court to impose a period of unpaid work in the community.

“He is capable and keen to carry that out and is under no illusions that nothing other than the maximum period would need to be carried out.”

However, jailing Allison for 80 days and banning him from the roads for a further 12 years Sheriff Donald Muirhead said: “Your solicitor has very carefully point out that your previous offences, which resulted in you ultimately being imprisoned, took place between 2001 and 2004. But these earlier charges were exacerbated not just by driving while disqualified but also by driving while under the influence of excessive alcohol.

“Driving under the influence of excessive alcohol causes a great danger to the community and I have to be certain you will submit to your ban to protect the public from any further offences.

“I appreciate there has been a long gap between offences but you have now committed one further offence of a similar nature and it seems to me that the need to maintain that control over you remains.

“In charge one I feel no other sentence other than imprisonment is appropriate.”